Skilled Workforce Solutions (NSW) Pty Ltd T/A Skilled

[2014] FWCA 713 [Note: a further decision has been issued in relation to this matter]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Skilled Workforce Solutions (NSW) Pty Ltd T/A Skilled
(AG2014/124)

SKILLED WORKFORCE SOLUTIONS (NSW) PTY LTD ENTERPRISE AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 JANUARY 2014

Application for approval of the Skilled Workforce Solutions (NSW) Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Skilled Workforce Solutions (NSW) Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 5 January 2014. The nominal expiry date of the Agreement is 4 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Skilled Workforce Solutions (NSW) Pty Ltd, trading as Skilled, applied to the Fair Work Commission for the approval of its Enterprise Agreement 2014. The applicants argued that the agreement provided appropriate terms and conditions for its employees. The Australian Council of Trade Unions (ACTU) intervened in the application, asserting that the agreement did not adequately protect the rights and entitlements of employees. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement 2014 complied with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, including minimum wages, leave entitlements, and dispute resolution mechanisms, while ensuring it did not undermine the rights of employees as provided for in the Act. The Commission also considered whether the agreement allowed for fair and reasonable terms in relation to the employees' work hours and other conditions of employment.

The Fair Work Commission found that the Enterprise Agreement 2014 generally met the legal standards for approval. The Commission noted that the agreement contained provisions that provided for fair and reasonable terms and conditions, including minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission determined that the agreement did not undermine the rights of employees as provided for in the Act and allowed for fair and reasonable terms in relation to the employees' work hours and other conditions of employment. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Act.

The Fair Work Commission approved the Enterprise Agreement 2014, subject to the modifications made to ensure compliance with the Fair Work Act 2009. The Commission ordered that the agreement be registered and enforceable as a registered agreement under the Act. The modifications included amendments to the agreement to ensure that it provided for fair and reasonable terms and conditions, including minimum wages, leave entitlements, and dispute resolution mechanisms, while ensuring it did not undermine the rights of employees as provided for in the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established